Paula Lopez, September 29, 2016. On September 25, 2016, California Governor, Jerry Brown, signed into law legislation that voids contract provisions in any agreement entered into between an employer and a California resident that requires, as a condition of employment, that an employee agree to have disputes adjudicated (includes litigation and arbitration) outside of California and under the laws of another state. The law, known as Senate Bill 1241[1], will apply to contracts entered into, modified or extended on or after January 1, 2017.  Key provisions of the…

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Nicholas Fortuna, June 17, 2015. The Supreme Court will take another stab at defining the limits of class actions in the employment setting. On June 8, 2015 the Court granted review certification of a class of more than 3000 Iowa meat-processing employees on their wage and hour claims that resulted in a jury award of nearly $5.8 million in Tyson Foods, Inc. v. Bouaphakeo. The justices will consider the Eighth Circuit’s 2-1 decision that the district court did not abuse its discretion by certifying the workers’ collective and…

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By: Megan J. Muoio, March 9, 2015 The first quarter of 2015 has already seen a great deal of activity in the area of class action lawsuits brought by plaintiffs suing their employers under the Fair Labor Standards Act (FLSA). Three recent cases demonstrate the difficulties plaintiffs have faced under the collective action certification standard of the FLSA, which requires plaintiffs who opt in to the collective action to demonstrate they are similarly situated. Although there is no statutory test in the FLSA for determining whether plaintiffs are…

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Nicholas Fortuna, June 4, 2014. The federal courts are struggling with what type of claims may be brought as a class action after the Supreme Court decisions in Comcast v. Behrand, (2013) and Wal-Mart v. Dukes, (2011). The latest battle is in the Second Circuit Court of Appeals in the matter of Jacob v. Duane Reade, Inc. regarding class certification of a wage and hour case. Wal-Mart established a stricter standard for what constitutes the required common claims within a class by mandating that the acts and/or decisions…

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Nicholas Fortuna, January 22, 2014. Arbitration Favored Over Class/Collective Action Mandatory arbitration agreements in the employment setting gathered steam this year. The U.S. Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant held that mandatory arbitration agreements with explicit waivers of the right to bring a class or collective action are enforceable notwithstanding federal common law and federal statutes to the contrary (i.e. National Labor Relations Act). The Courts of Appeals have universally upheld the waivers and enforced employment arbitration agreements. This is true even when…

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